Property land conflicts - seeking advise.
VIMAL RAJ K
(Querist) 15 March 2013
This query is : Resolved
Mr. A and 3 sons are declared as the original owner of the property by his father.
1. One Mr. K has purchased the sites 4 and 5 in 2002 from Mr. A and 3 sons by a registered sale deed at sub registrar office, Bangalore.
2. Mr. K is in possession with a 10 x 15 house paying all the taxes till date and with electricity connection in the name of Mr. K
3. Currently EC is in the name of Mr. Y (The original owner and the next is Mr. K till date 2013 is recorded in sub register.)
One Mr. M is objecting Mr. K from constructing a house and filled a complaint in police station stating Mr. M is the owner of sites 4 and 5.
4. Mr. M says he has purchased a plot in 1993 and the sale deed got registered in Bangalore by a Notary GPA given by Mr. A to Mr. G. (sale deed not signed by the original owner Mr. A and 3 sons) Mr. G signed the sale deed on behalf of the original owner.
5. Mr. G had not paid any taxes.
6. EC is not in the name of Mr. X.
7. Mr. A died in the year 2007.
Mr. K is in possession from past 11 years (12th running) and no objections were made by Mr. M while constructing a house or when fencing the compound in 2002. (till last week)
My Questions are:
- Does Mr. M have any rights to object Mr. K form constructing a house?
- Can Mr. K continue with the work till Mr. M gives a notice legally?
- As I said that Mr. A original owner died in 2007. Is the sale deed signed by Mr. G (GPA holder) valid now?
- In the police complaint Mr. M has given the site number different and producing the sale deed for the above said property. Can Mr. K object this as a reply?
- What should Mr. K action legally to fight Mr. M who claims to be the owner of the site now?
- Need you suggestion for proceeding further.
Thanking You.
Raj Kumar Makkad
(Expert) 15 March 2013
1. Without going through the entire relevant documents, no definite opinion can be given.
2. Yes but on his own risk.
3. Dath of Principal has nothing to do with the act of his agent during his life time. If G was valid GPA holder of A and his performed his duty as per his power mentioned in the GPA then the death of A cannot roll back the wheels of time.
4. Yes. If the property sold by A and his sons to M through their GPA holder is entirely different then it has nothing to do with the property of K and he can continue his construction and can file his reply accordingly.
5. Contest his claim on all grounds by engaging a lawyer.
Your similar query was duly replied 2-3 days ago.
